PREM SAHU Vs. STATE OF M.P.

JUDGEMENT

(1.) THE applicant has been convicted under section 3/7 of the Essential Commodities Act, 1955 for breach of clause 3 (1) of the M.P. Foodgrains Dealers Licensing Order 1955 and clause 4 of the M.P. Wheat (Restriction on Wholesale Trading and Registration of Retailers) order, 1973 for dealing in foodgrains without a dealer's licence and sentenced to rigoress imprisonment for three months and fine of Rs. 500/ - or in default to undergo further R.I. for two months on each count. Both the sentences to run concurrently.

(2.) THE facts found are that on 4.9.1973 Ramchandra, Assistant Food Officer (PW 7) checked the house of the applicant situated at Ktwara Bazar, Narsimhapur and found 88.75 quintals of wheat and 18.70 quintals of jowar along with bags of Arhar Dal, Gram Dal, Masoor Dal and Gram. The stocks of food grains were weighed and seized by Tiwari, Food Officer (PW 6) in the presence of the Panchas Laljiprasad (PW 1) and parmanand (PW 4). The applicant had no foodgrain dealer's licence to deal in wheat and jowar the defence of the applicant was that he was not a dealer and the foodgrains were kept in his house by cultivators and other dealers for retail sale in the weekly market on payment of rent to the applicant. In defence the applicant examined 14 defence witnesses and filed a certified copy of the extract from the register of licensed dealers. The Courts below accepted the prosecution evidence and disbelieved the defence evidence and found the applicant dealing in foodgrains without a dealer's licence and thereby contravened clause 3 (1) of the M.P. Foodgrains Dealers Licensing Order, 1965 and clause 4 of the M.P. Wheat (Restriction on Wholesale Trading and Registration of Retailers) Order, 1973 and he has been convicted and sentenced accordingly. The conviction and sentence were affirmed in appeal by the Additional Sessions Judge.

(3.) THE next contention is that it has not been proved by the prosecution that the applicant was a "dealer" within the meaning of the M.P. Foodgrains Dealers Licensing Order, 1955 and reliance has been placed on Manipur Administration vs. M. Nila Chandra Singh, AIR 1964 SC 1533, wherein it hat been held: -